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I seriously doubt that particular clause would hold up in a courtroom. But that is little consolation, because the real insecurity of dealing with companies like EPassporte is not their terms of service (however one sided), but their lack of accountability.
As has proved the case with almost all the payment processors and sponsors who have gone to the wall to date, by the time anything nasty affects more than isolated individuals, the cupboard is empty. Even were it not, issues such as cost and jurisdiction make any action impractical for the vast majority of people doing business with them.
I am not suggesting that companies setting themselves up offshore, using PO boxes, shell corporations, etc, all do so with the intention of running away in the event of problems. On the other hand, such companies should not inspire the same confidence as those which conduct themselves out in the open, as it were. I am amazed at people who actually brag how much money they have sitting with EP (and I'm sure others are in a similar position with other operations to which the same comments would apply).
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